Download WHAT YOU SHOULD KNOW IF YOU LOST YOUR JOB By: Hollie L

WHAT YOU SHOULD KNOW IF YOU LOST YOUR JOB
By:
Hollie L. Wieland
1.
Colorado is an “employment at will” state. Without an employment
contract, you or your boss can terminate the employment relationship for no
reason--or for any reason. There is a “wrongful termination” only when the
employer fires an employee for reasons that are discriminatory or retaliatory
or in violation of an employment contract. Bad management may affect
employee morale (and the employer’s bottom line), but it does not translate into a
legal violation unless the management practice is discriminatory, retaliatory or in
breach of a contract. Many times unfair or unjustified terminations have no legal
remedy, but you should check with an experienced employment attorney to be
sure.
2.
Unless there is an employment contract that require notice and/or a reason
for termination, an employer does not have to provide a reason for
terminating an employee nor does an employer have to provide advance
notice of job performance issues to give you an opportunity to improve.
3.
Promptly apply for unemployment benefits.
4.
Quitting your job may make it more difficult to recover for illegal conduct.
If you voluntarily resign instead of getting fired, you can only recover lost wages
if you can prove that you were “constructively discharged.” This means you will
have to establish that your employer, through its acts, made working conditions so
difficult that a reasonable person in your position would feel compelled to resign.
The courts’ application of this standard is stringent and many claims of
constructive discharge are dismissed. If possible, you should consult with an
attorney before resigning.
5.
You do not have a legal right to your personnel file unless you are employed
by a governmental agency or your employer has a policy which entitles you
to a copy.
6.
In order to prove a case for discrimination, the discriminatory treatment
must based upon an employee’s sex, national origin, race, color, religion, age,
disability or perceived disability. Colorado state law also prohibits
discrimination on the bases of sexual orientation and legal off-duty conduct.
The fact that an employee is treated differently than other employees is not
“discrimination” unless the reason for the different treatment is based on a
person’s sex, national origin, race, color, religion, age, disability or perceived
disability, sexual orientation or legal off-duty conduct.
7.
Not all harassing conduct is actionable. In order for harassing conduct to
constitute an illegal practice the harassment generally must be motivated by
discriminatory or retaliatory attitudes.
8.
Even if you were fired in breach of your employment contract, it may not
make economic sense to pursue the claim. If your employment contract would
entitle you to an award of $10,000 if you are successful but does not have a
provision entitling you to recover attorneys fees, it would not make economic
sense to prosecute a case if it will cost $20,000 in attorneys fees and costs.
Under Colorado law, attorneys fees are awarded to a prevailing party only if there
is a written law which provides for an award of attorneys fees
under particular circumstances, or if there is a written contract provision
providing for an award of attorneys fees. In some cases the attorneys fees which
would be incurred to prosecute a breach of employment contract will exceed the
potential recovery.
9.
For Claims Brought Pursuant to Title VII of the Civil Rights Act, Awards for
Compensatory and Punitive Damages are Capped Based Upon the Number
of Employees:
At least 14 and fewer than 101
At least 100 and fewer than 201
At least 200 and fewer than 501
At least 500
10.
11.
$ 50,000
$100,000
$200,000
$300,000
While events are still fresh in your mind, prepare a detailed, written
chronology of your case for your attorney’s consideration and use.
Employment cases sometimes take years to resolve. For most people, the details
of the events blur with the passage of time. While the events are clear in your
mind, you should prepare a chronology to include every one’s full name, the dates
or your best approximation of the date of events, and the details of any event,
communications or actions.
Know your deadlines and act promptly. In some cases you may have
relatively short-time periods under Colorado and Federal law in which to protect
your rights:
180 days from last discriminatory or retaliatory
event
300 days from last discriminatory
event
60 days from the date wages are owed
Deadline for filing charge of discrimination if
employer has less than 15 employees and the
discrimination or retaliation alleged is based upon
sex, national origin, race, color, religion, disabilit
perceived disability, sexual orientation or legal
off-duty conduct. If age discrimination is alleged
this is the deadline for filing for employers with le
than 20 employees. Federal employees have muc
shorter deadlines - typically 15 days.
Deadline for filing charge of discrimination if the
employer has 15 or more employees and the
discrimination or retaliation alleged is based upon
sex, national origin, race, color, religion, disabilit
perceived disability, sexual orientation or legal
off-duty conduct. If age discrimination is alleged
this is the deadline for filing for employers with 2
more employees. Federal employees have much
shorter deadlines - typically 15 days.
1 year
2 years
2 years
If you are owed wages, a written demand letter m
be received by your employer within 60 days, to
protect your ability to collect penalties on unpaid
wages. A sample demand letter may be found at
http://www.coworkforce.com/LAB/combodeman
Be certain to keep a copy of the demand letter to s
2 years
3 years
Claims of defamation, slander, libel, battery and
assault
3 years
Claims of wrongful termination in violation of pu
policy;
3 years
Claims for Family and Medical Leave Act (“FML
retaliation or interference, unless the employer
“willfully” violated the FMLA, in which case an
employee has three years to bring claims for FML
violations.
Claims for Fair Labor Standards Act violations
Claims for breach of contract
Claims for Family and Medical Leave Act (“FML
retaliation or interference if the employer “willful
violated the FMLA.
Claims for Fair Labor Standards Act violations